Nagmani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79862 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Nagmani Kumar Son of Bijendra Yadav Resident of Village- Wazirganj P.S.- Jehanabad, District- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Mr. Surendra Kumar Mishra, Adv.

For the State :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard Mr. Krishna Pd. Singh, learned senior counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in connection with Paliganj P.S. Case No. 230 of 2023 registered for the offence punishable u/s 392 of the I.P.C., pending in the court of learned S.D.J.M., Paliganj, Dist- Patna.

3. As per F.I.R., on alleged date and time, the informant with his friend were returning home after attending a marriage ceremony near Jarkha road tubewell, three miscreants riding on two motorcycles intercepted the informant's motorcycle and snatched key of the motorcycle on gun point and took away the motorcycle.

4. It is submitted by learned counsel for the petitioner is that the petitioner is quite innocent, not named in the FIR and has been falsely implicated in this case due to previous grudge.

Patna High Court CR. MISC. No.79862 of 2024(2) dt.17-01-2025 2/2 The allegations levelled against the petitioner is general and omnibus in nature. The petitioner has been made accused in the present case on confessional statement of Abhishek Kumar @ Alex. Nothing has been recovered on from the conscious possession of the petitioner. He submits that no offence under Section 392 of the IPC is made out against the petitioner. Petitioner has no criminal antecedent.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order.

devendra/- (Anjani Kumar Sharan, J) U T